Federal Court of Australia
ay eran Par
eRe ad ee
OR Ree INA Reeth meee Ge eC met te re taal
ae teen
OF AUSTRALIA
IN CHE PEDERAL COURT E VICTORIA DISTRICT KEGISTPY GENEPAL DIVISION
EX TEMPORE JUDGMENT
Coram: SMITHERS J.
22 March
HIS HONOUR:
Little, explored every possible avenues to support the ca
think
for
Application for writ of mandemus against THE REGIicNAL DIRECTOR «NOPTH E
Fs
A AND COUNSELLOR cIMMICR
HONS EONG
(Respondent )
ex parte: HON CHEUIG LAL YING CHIU
(Prosecutors)
In this application in respect of Which Mr.
appearing for the apvlicants, as usual, hes "~
ar
er
the inevitable resuit is that the application
the order nisi for a writ cf mandamus muct be
refused.
Adopting what was said by Mr. Just:ce Toohey in hic
judgment celating to applications bv Honora Marv Prid=
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pe po ey
a
Ae Re ee
eet ate
Ret aa ad
ae ant a ae te DEER Sy ae Lead Ukerahabe tte ete at tbe
a ee ae
and Elvs Frances Norman for writs of mandamus acgainst Roland Patrick Hassell and Desmond Matthew Tehen and
Stanley McLeish Harris, Desuty President ana members of a Repatriation Review Tribunal, (WA G15 and 16 of 1984, unreported) I am satisfied that notwithstanding that the events with which the claim for mandamus are concerned occurred a considerable time before Z0 December 1983 at which date the jucsisdiction conferred on this court by section 39B of the Judiciary Act 1902 became exercisable, there is jurisdiction to grant the order nisi sought in this case aif the crounds for
makina such an order exist.
The application is put primarily on the around that the officer aqainst whom the writ of mandamus 15 sought refused to allow the applicants access to Australia, as a place, by reason of their race, nationality or ethnic origin contrary to s.11 of the
Racial Discrimination Act 1975 (the Act). Such
refusal was constituted by the refusal to issue to the applicants visas to travel to Australia and it is said by Me. Little that the effect of that conduct was to unlawfully refuse to allow the applicants access to Australia, Australia being within the meaning of the
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